Union Of India vs Satendar Kumar
2025 Latest Caselaw 2424 Del

Delhi High Court

Union Of India vs Satendar Kumar on 21 February, 2025

Author: C. Hari Shankar

Bench: C. Hari Shankar

                  $~28
                  *         IN THE HIGH COURT OF DELHI AT NEW DELHI
                  +         W.P.(C) 2280/2025, CM APPL. 10741/2025 (stay), CM APPL.
                            10742/2025 (Delay of 108 days in filing) & CM APPL.
                            10743/2025(exemption)

                            UNION OF INDIA                           .....Petitioner
                                          Through: Mr. Rajesh Gogna, CGSC with
                                          Ms. Priya Singh, Advocate.

                                             versus

                            SATENDAR KUMAR                    .....Respondent
                                        Through: Mr. Asish Nischal, Mr. Arun
                                        Nischal and Mr. Shivam Kumar Singh,
                                        Advocates.

                            CORAM:
                            HON'BLE MR. JUSTICE C. HARI SHANKAR
                            HON'BLE MR. JUSTICE AJAY DIGPAUL
                                             JUDGMENT (ORAL)

                  %                             21.02.2025

                  C. HARI SHANKAR, J.

1. We have perused the impugned judgment dated 2 August 2024 of the Central Administrative Tribunal in OA 2155/2019. Though the contentions of the petitioner, who was the respondent before the Tribunal, has been noticed, the Tribunal has not returned any finding whatsoever on the merits of the said contentions.

2. In our view, the impugned judgment is liable to be set aside even on this single ground.

3. Learned Counsel for the parties ad idem are agreeable to the impugned order being set aside and the matter being remanded to the Tribunal for a fresh consideration.

4. Accordingly, the impugned judgment dated 2 August 2024 is quashed and set aside. OA 2155/2019 stands remanded to the Tribunal for consideration de novo.

5. Needless to say, the learned Tribunal would be expected to address the submissions of both sides before arriving at a conclusion.

6. In order to expedite matters, let the counsel for the parties appear before the Tribunal on 7 March 2025.

7. We request the Tribunal, if possible, to take up the matter on the said date and pass orders as expeditiously, after hearing the parties, as possible.

C. HARI SHANKAR, J.

AJAY DIGPAUL, J.

FEBRUARY 21, 2025/yg Click here to check corrigendum, if any